Stevens v. Dzurenda et al

Filing 17

ORDER that 12 Motion to supplement is denied. FURTHER ORDERED that, if Plaintiff chooses to file an amended complaint, Plaintiff shall file the amended complaint within thirty (30) days from the date of entry of this order. FURTHER ORDERED that the Clerk of the Court shall send to Plaintiff the approved form for filing a § 1983 complaint, instructions for the same, a copy of his original complaint (ECF No. 1-2), and a copy of his supplements (ECF No. 7, 12-1). FURTHER ORDERED that, if Plaintiff chooses not to file an amended complaint within thirty (30) days from the date of this order, the Court will screen Plaintiff's original complaint (ECF No. 1-2). FURTHER ORDERED that the motions/notices/declarations to join this case (ECF No. 8 , 9 , 10 , 15 ) are denied. The Clerk of the Court shall strike the motions/notices/declarations from the docket and the movants from the caption. Signed by Magistrate Judge Carl W. Hoffman on 6/15/17. (Copies have been distributed pursuant to the NEF - MMM)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

DISTRICT OF NEVADA

12

)
)
Plaintiff,
)
)
v.
)
)
STATE OF NEVADA ex rel NEVADA
)
DEPARTMENT OF CORRECTIONS et al., )
)
Defendants.
)
___________________________________ )

13

I.

7
8
9
10
11

THEODORE STEVENS,

2:16-cv-02166-RFB-CWH
ORDER

DISCUSSION

14

Plaintiff, who is a prisoner in the custody of the Nevada Department of Corrections

15

(“NDOC”), has filed a complaint in state court, which Defendants have removed. The Court

16

has not yet screened Plaintiff’s complaint. (ECF No. 1-2). Plaintiff has moved to supplement

17

his complaint and has filed two supplements to his complaint. (ECF No. 7, 12, 12-1). In both

18

supplements, Plaintiff seeks to add additional claims to his original complaint. The Court

19

denies the motion to supplement (ECF No. 12) and directs Plaintiff to file a fully complete first

20

amended complaint instead. The Court will not piece-meal Plaintiff’s claims together from

21

multiple documents. Instead, Plaintiff needs to file a fully complete amended complaint.

22

If Plaintiff chooses to file an amended complaint he is advised that an amended

23

complaint supersedes (replaces) the original complaint and, thus, the amended complaint

24

must be complete in itself. See Hal Roach Studios, Inc. v. Richard Feiner & Co., Inc., 896

25

F.2d 1542, 1546 (9th Cir. 1989) (holding that “[t]he fact that a party was named in the original

26

complaint is irrelevant; an amended pleading supersedes the original”); see also Lacey v.

27

Maricopa Cnty., 693 F.3d 896, 928 (9th Cir. 2012) (holding that for claims dismissed with

28

prejudice, a plaintiff is not required to reallege such claims in a subsequent amended

1

complaint to preserve them for appeal). Plaintiff’s amended complaint must contain all claims,

2

defendants, and factual allegations that Plaintiff wishes to pursue in this lawsuit. Moreover,

3

Plaintiff must file the amended complaint on this Court’s approved prisoner civil rights form and

4

it must be entitled “First Amended Complaint.”

5

The Court also denies inmates Justin Lafferty, Russell E. Haley, Charles Wirth, and

6

Bryan P. Bonham’s motions/notices/declarations attempting to join in Plaintiff’s case. (ECF

7

No. 8, 9, 10, 15). Each inmate must file his own case including a complaint and an application

8

to proceed in forma pauperis (or pay the full $400 filing fee) with the Court. After initiating their

9

own individual cases, the inmate-plaintiffs may move to join their cases by filing a motion to

10

do so in their individual cases.

11

requirements of 28 U.S.C. § 1915A.

12

II.

CONCLUSION
For the foregoing reasons, IT IS ORDERED that the motion to supplement (ECF No.

13
14

Each inmate’s complaint is subject to the screening

12) is denied.

15

IT IS FURTHER ORDERED that, if Plaintiff chooses to file an amended complaint,

16

Plaintiff shall file the amended complaint within thirty (30) days from the date of entry of this

17

order.

18

IT IS FURTHER ORDERED that the Clerk of the Court shall send to Plaintiff the

19

approved form for filing a § 1983 complaint, instructions for the same, a copy of his original

20

complaint (ECF No. 1-2), and a copy of his supplements (ECF No. 7, 12-1). If Plaintiff

21

chooses to file an amended complaint, he must use the approved form and he shall write the

22

words “First Amended” above the words “Civil Rights Complaint” in the caption.

23

IT IS FURTHER ORDERED that, if Plaintiff chooses not to file an amended complaint

24

within thirty (30) days from the date of this order, the Court will screen Plaintiff’s original

25

complaint (ECF No. 1-2).

26

///

27

///

28

///
2

IT IS FURTHER ORDERED that the motions/notices/declarations to join this case (ECF

1
2

No.

8,

9,

10,

15)

are

denied.

The

Clerk of

the

Court

shall

3

strike

motions/notices/declarations from the docket and the movants from the caption.

4
5

DATED: June 15, 2017

6
7

_________________________________
United States Magistrate Judge

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3

the